Murphy v. Commonwealth

In this appeal, we consider whether the Court of Appeals erred in affirming a defendant’s convictions on the ground that evidence seized from his person was obtained after a lawful “pat down” search conducted incident to the execution of a search warrant at another person’s residence.

Phillip J. Murphy was indicted for possession of heroin with intent to distribute, second or subsequent offense, and for possession of cocaine with intent to distribute, second offense, in violation of Code § 18.2-248(C). The controlled substances were found on Murphy’s person when he was in a residence that was…